ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM vs. BRANDIX INDIA APPAREL CITY PRIVATE LIMITED, VISAKHAPATNAM

PDF · subscribers
ITA 486/VIZ/2018Status: DisposedITAT Visakhapatnam11 January 2019AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the revenue's appeal was not maintainable due to the low tax effect, as per the CBDT circular. The assessee's cross-objection was dismissed as infructuous.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order. The assessee's counsel submitted that the tax effect was below Rs. 20 lakhs, making the appeal not maintainable as per CBDT Circular No. 03/2018. The department did not object.

What were the issues?

Maintainability of the revenue's appeal based on tax effect and the consequential status of the assessee's cross-objection.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri G.V.N. Hari – Advocate
For Respondent: Shri V. Appala Raju – Sr. DR
Hearing: 03.01.2019Pronounced: 11.01.2019

Heard together (2 matters)

ITA No.486 /VIZ/2018
CO No.01/VIZ/2019

Read from the judgment's own cause title. This page is filed under one of them.

PER V. DURGA RAO, Judicial Member:

This is an appeal filed by the revenue and the Cross Objection filed by the assessee against the order of the ld.CIT(A)-9, Hyderabad, dated 22.06.2018 for the Assessment Year 2011-12. 1

ITA No.486 /VIZ/2018 & CO No.01/VIZ/2019 (M/s. Brandix India Apparel City Pvt. Ltd.)

2.

When this appeal is taken up for hearing, ld. counsel for the assessee has submitted that the tax effect involved in this appeal is below Rs.20 lakhs and as per the CBDT Circular No.03/2018 dated 11.07.2018 being retrospective in nature, the appeal filed by the revenue is not maintainable. The Ld. D.R. has not raised any objection. In view of the above, the appeal filed by the revenue is not maintainable, hence, same is dismissed.

3.

The Cross Objection filed by the assessee is in support of the order of the ld. CIT(A), hence, the same has become infructuous and is dismissed accordingly.

4.

In the result, appeal filed by the revenue and the Cross Objection filed by the assessee are dismissed.

Order pronounced in the open court on 11th January, 2019. Sd/- Sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Visakhapatnam Dated : 11/01/2019 vr/-

ITA No.486 /VIZ/2018 & CO No.01/VIZ/2019 (M/s. Brandix India Apparel City Pvt. Ltd.)

Copy of the order forwarded to:- 1. The assessee – M/s. Brandix India Apparel City Pvt. Ltd., APSEZ, Pudimadaka Road, Atchutapuram Mandal,Visakhapatnam. 2. The Revenue – ACIT, Circle-5(1), Visakhapatnam. 3. The Pr.CIT-2, Visakhapatnam. 4. The CIT(A)-9, Hyderabad. 5. DR, ITAT, Visakhapatnam 6. Guard file BY ORDER

Senior Private Secretary ITAT, VISAKHAPATNAM

Recent GST High Court judgments

Search GST case law →